SEC. 4. Penalty. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

SEC. 5. Governor to appoint inspector to examine all wines sold. The Governor shall appoint a competent inspector whose duty it shall be to procure either in person or by agent, samples of any wine sold in the State which he has reason to suspect to be impure, and to cause said samples to be analyzed by a competent analytical chemist, and if said wine is found to be not in keeping with the requirements of this act, to lay the information, together with the report of the chemist, before the proper prosecuting attorney. After securing said samples of such suspected wine, the vender shall be informed that the sample is for the purpose of analysis, and upon presentation of proper authority by the inspector or his agent, the vendor shall be required to affix his signature to the receptacle containing the said sample of wine, and he shall be given opportunity to witness its delivery to a common carrier, in a sealed condition for forwarding to the analytical chemist.

SEC. 6. Compensation of inspector. As a compensation for his services, the inspector shall receive one half of such fines as are collected on account of convictions secured in consequence of information furnished by him or his agents.

SEC. 7. Repeals all acts in conflict and act takes effect from passage. All laws and parts of laws in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage.-Approved March 29, 1899. (Acts of Arkansas 1899, p. 137.)

CALIFORNIA.

The food and drug laws of this State are given below. No officer is charged with their enforcement, with the exception of the duties of the State dairy bureau relating to the dairy laws (see page 40).

Prof. Frank T. Green, chemist of the San Francisco board of health, considers it very difficult to enforce the clauses on injurious preservatives, etc., in sections 2 and 3 of the wine law (p. 43), owing to the fact that defendants can secure expert testimony favorable to the substances ordinarily used for that purpose. He also considers it difficult to enforce a law requiring food to be labeled with a "cognomen of opprobrium," such as "imitation olive oil" (p. 42), and prefers, for that reason, to limit the use of specified labels to food that complies with certain conditions.

GENERAL FOOD LAWS.

380. Drugs, prescriptions, labels, etc. Every apothecary, druggist, or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, willfully, negligently, or ignorantly omits to label the same, or puts an untrue label, stamp, or other designation of contents, upon any box, bottle, or other package containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor, or if death ensues, is guilty of a felony.

381. False weighing; penalty. Every person who, in putting up in any bag, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, with intent thereby to sell the goods therein, or to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense.-Deering's Penal Code, 1897, pp. 141–142. 382. Adulterated food, drink, or drugs. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with the fraudulent intent to offer the same or cause or permit it to be offered for sale as unadulterated or undiluted; and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or undiluted, or who, in response to an inquiry for any article of food, drug, medicine, spirituous or malt liquor, or wine, sells or offers for sale a different article or an article of a different character of manufacture, without first informing such purchaser of such difference, is guilty of a misdemeanor.

383. "Drug," "food," and "adulteration" defined. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink,

drug, or medicine, knowing that the same is adulterated or has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor, and must be fined not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail not exceeding one hundred days, or both, and may, in the discretion of the court, be adjudged to pay, in addition, all the necessary expenses, not exceeding fifty dollars, incurred in inspecting and analyzing such articles. The term "drug" as used herein, includes all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food," as used herein, includes all articles used for food or drink by man, whether simple, mixed, or compound. Any article is deemed to be adulterated within the meaning of this section:

(a) In case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs materially from the standard of strength, quality, or purity laid down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) If its strength, quality, or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) If it is an imitation of, or is sold under the name of, another article; (5) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal; (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) If it contains any added substance or ingredient which is poisonous or injurious to health.-Statutes and amendments to the codes, extra session, 1900-1901, p. 458.

SEC. 1. Adulteration. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act.

SEC. 2. "Drug" and "food" defined. The term "drug," as used in this act, shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound.

SEC. 3. Adulteration defined. Any article shall be deemed to be adulterated within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein. (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work. (3) If its strength, quality, or purity falls below the professed standard under which it is sold.

(b) In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity. (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it consists wholly, or in part, of a diseased,

decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or, in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is. (7) If it contains any added substance or ingredient which is poisonous or injurious to health.

Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale be distinctly labeled as mixtures or compounds, with the name and per cent of each ingredient therein, and are not injurious to health.

SEC. 4. Samples for analyses. Every person manufacturing, exposing or offering for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

SEC. 5. Penalty. Whoever refuses to comply, upon demand, with the requirements of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned in the county jail not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale, or selling, an adulterated article of food or drug under the provisions of this act shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale.

SEC. 6. This act shall be in force and take effect from and after its passage.-Approved March 26, 1895. Stats. 1895, p. 71; Deering's. Penal Code, Appendix, p. 502.

CANDY.

SEC. 4021. Every person who adulterates candy by using in its manufacture terra alba or any other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor.-Deering's Penal Code, 1897, p. 148.

DAIRY PRODUCTS.

SEC. 1. Oleomargarine must be so labeled. Every person or corporation who shall manufacture for sale, or who shall offer or expose for sale, any article or substance in semblance of butter, not the legitimate product of the dairy, and not made exclusively of milk or cream, or into which the oil or fat of animals, not produced from milk, enters as a component part, or into which the oil or fat of animals, not produced from milk, has been introduced to take the place of cream, shall distinctly stamp, brand, or mark in some conspicuous place upon every package of such article or substance the word "oleomargarine" in plain letters, not less than one-fourth of one inch square each; and in case of retail sale of such article or substance in parcels or otherwise, the seller shall, in all cases, deliver therewith to the purchaser a printed label, bearing the plainly printed word "oleomargarine," the said word to be printed with type each letter of which shall not be less than one-fourth of one inch square.

SEC. 2. Oleomargarine placards. Every person dealing, whether by wholesale or retail, in the article or substance described in section one of this act, and every hotel or restaurant keeper, or boarding-house keeper, in whose hotel, or restaurant, or boarding-house such article or substance is used, shall continuously keep conspicuously posted up, in not less than three exposed positions in and about their

respective places of business, a printed notice in the following words, viz.: "Oleomargarine sold here;” the said notice to be plainly printed, with letters not less than two inches square each. And each and every hotel keeper and restaurant keeper, boarding-house keeper, or proprietor of other places where meals are furnished for pay, who may use in their respective places of business any of the article or substance described in the first section of this act, shall, upon the furnishing of the same to his guests or customers, if inquiry is made, cause each and every guest or customer to be distinctly informed that the said article is not butter, the genuine production of the dairy, but is "oleomargarine."

SEC. 3. Penalty. Every person or director, trustee, officer, or agent of any corporation who may violate any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars nor more than five hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment; and it shall be the duty of the court trying said offence to order the payment of one-half of the fine imposed to the person giving the information upon which the prosecution was based and the conviction had, and such fine may be collected by execution as in civil causes.

SEC. 4. Repeal. All acts or parts of acts in conflict with this act are hereby repealed. —Approved March 1, 1883. (Deering's Penal Code, Appendix, p. 587.)

383a. Process and renovated butter to be branded. Any person, firm, or corporation, who sells, or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other process whereby stale, rancid, or decomposed butter is manufactured to resemble or appear like creamery or dairy butter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one half inch in length, "process butter," or "renovated butter," in such a manner as to advise the purchaser of the real character of such "process" or "renovated" butter, is guilty of a misdemeanor.-Statutes and amendments to the codes, extra session, 1900-1901, p. 458.

SEC. 1. Process or renovated butter must be labeled. No person or persons, firms or corporation, shall sell, or offer for sale, or have in his or their possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter or by any other process whereby stale, rancid or decomposed butter is manufactured to resemble or appear like creamery or dairy butter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one-half inch in length, "process butter," or "renovated butter," in such a manner as the purchaser will be advised of the real character of such "process" or "renovated" butter.

SEC. 2. Violation a misdemeanor. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misdemeanor.

SEC. 3. Prosecutions. It shall be the duty of the district attorney of each and every county of this state, upon application, to attend to the prosecution in the name of the state of any action brought for the violation of any of the provisions of this act within his district.

SEC 4. Enforcement; disposition of fines. The state dairy bureau, by its agent and assistant agents, is hereby authorized and directed to enforce all of the provisions of this act. All fines and penalties for the violation of this act shall be paid to the agent or assistant agents of the state dairy bureau, and by said bureau paid to the state treasurer.-Became a law, under constitutional provision, without Governor's approval, February 23, 1899. (Stats. 1899, ch. 25, p. 21.)